Probate Court Wiki · New York

Kings County
Probate Court

Brooklyn, New York Pop. 2.6MEstate Tax Applies

Independent Research Notice: TheProbateCourt.com is an independent research and publication company. We are not affiliated with Kings County Probate Court, the New York court system, or any government agency. All information is for educational purposes only and does not constitute legal advice.

Overview

Kings County (Brooklyn) Surrogate's Court is New York's most populous borough probate jurisdiction, serving a population of 2.6M with approximately 6,000–8,000 probate cases filed annually. The system processes roughly ~3,500 cases per Surrogate. Brooklyn's unique characteristics include rapidly appreciating brownstone and townhouse real estate, large Caribbean, Orthodox Jewish, and South Asian immigrant estate complexity, and significant rent-stabilized building succession issues. The New York estate tax with its ~$7.16M threshold applies to all New York County estates.

Key Distinguishing Feature

Largest borough by population; rapidly appreciating brownstone and townhouse real estate; large Caribbean, Orthodox Jewish, and South Asian immigrant estate complexity; significant rent-stabilized building succession issues.

Quick Facts

Court Type

Surrogate's Court – Kings County

Judges / Departments

2 Surrogates

Annual Filings

~6,000–8,000

Filings Per Judge

~3,500

Simple Timeline

12–18 mo

Complex Timeline

24–48+ mo

Fee Structure

Hourly / sliding scale (SCPA §2307)

Small Estate Threshold

$50,000

Tax Status

NY estate tax ~$7.16M threshold (2025)

The Probate Process: Step by Step

File Petition for Probate or Letters of Administration

2–6 weeks from death

Petitioner files with Surrogate's Court. Original will lodged. Death certificate required. Filing fee based on estate value.

Citation Issued to Distributees

4–8 weeks

Court issues citations to all interested parties. All distributees must consent or be served. Contested objections filed here.

Decree Admitting Will to Probate

6–12 weeks after filing

Surrogate issues decree. Letters Testamentary issued to executor.

Notice to Creditors + Claims Period

Concurrent with administration

Publication in local newspaper. Creditor claims period runs concurrently.

Inventory and Appraisal

1–3 months

Executor files inventory of estate assets. Professional appraisals for real property, business interests.

Pay Debts, Taxes, Admin Expenses

2–6 months

NY estate tax if estate exceeds ~$7.16M threshold. Federal estate tax above $13.99M. Income tax for year of death.

File Account and Petition for Settlement

1–3 months to prepare

Full accounting filed. Beneficiaries may object. Court reviews.

Decree of Settlement and Distribution

2–6 weeks post-hearing

Surrogate issues decree. Assets distributed. Case closed.

Timeline by Case Type

Case Type	Minimum	Typical	Extended
Simple uncontested estate	12–18 mo	12–18 mo	N/A if no complications
Estate with real property	12–18 mo	18–24 mo	24–36 mo if sale contested
Estate with business interests	12–18 mo	18–36 mo	36–60+ mo if valuation disputed
Contested / will contest	24–48+ mo	24–48+ mo	Up to 10+ years with appeals
Guardianship (ongoing)	3–6 mo to establish	Indefinite maintenance	Annual reports; court review

Cost Benchmarks

Fee Structure: Hourly / sliding scale (SCPA §2307). Costs are estimates for planning purposes only. Actual costs vary based on estate complexity, disputes, and professional rates. Consult a licensed attorney for specific guidance.

Estate Value	Attorney Fees	Executor Fees	Combined	Add'l Costs	Total Range	% of Estate
$500,000	$15,000–$30,000 (hourly/sliding)	$15,000–$25,000 (SCPA §2307)	$30,000–$55,000	$3,000–$10,000	$33,000–$65,000	6.6%–13%
$1,000,000	$25,000–$60,000	$25,000–$50,000	$50,000–$110,000	$5,000–$20,000	$55,000–$130,000	5.5%–13%
$5,000,000	$75,000–$200,000	$75,000–$175,000	$150,000–$375,000	$10,000–$50,000	$160,000–$425,000	3.2%–8.5%

Attorney Intelligence: Real Case Patterns

The following case patterns are composite illustrations based on common probate scenarios in this jurisdiction. They are not accounts of specific individuals.

CASE PATTERN #1: THE BROWNSTONE SUCCESSION DISPUTE

A Brooklyn decedent owned a 4-unit brownstone in Park Slope appraised at $3.8M. Five adult children from two marriages each claimed shares. The estate included a rent-stabilized tenant on the ground floor whose rights complicated any sale. The probate ran 31 months.

Common Estate Planning Failures

Failure Mode	Frequency	Consequence
No revocable living trust	Most common	All assets titled in decedent's name go through full probate
Trust exists but never funded	Extremely common	Unfunded trust is legally valid, operationally useless — assets still probate
Will drafted 10–20 years ago; never updated	Very common	Outdated executors, guardians, beneficiaries; potential disputes
Real estate not titled to trust	Common	Property triggers full probate even if other assets are in trust
Beneficiary designations not updated after life events	Common	Ex-spouses, deceased beneficiaries, or wrong persons receive assets by contract
No coordination between legal, tax, financial advisors	Common	Contradictory asset structures; unintended taxable events; gap assets
DIY estate plan (online forms, unwitnessed)	Growing	Holographic will disputes; inadequate execution; court challenges
No successor trustee named or willing to serve	Moderate	Court petition required; delays and costs
Assets held in joint tenancy without tax planning	Common	Avoids probate but creates step-up basis issues, gift tax exposure, loss of control
Digital assets not addressed	Emerging	Cryptocurrency, online accounts, digital businesses inaccessible at death

How to Avoid Probate in New York

1
Revocable Living Trust (avoids Surrogate's Court entirely for funded assets)
2
Voluntary Administration (SCPA §1301 — estates under $50,000)
3
Beneficiary Designations on all financial accounts, IRAs, 401(k)s, life insurance
4
Joint Tenancy with Right of Survivorship
5
Payable-on-Death (POD) and Transfer-on-Death (TOD) designations
6
NY estate tax planning critical — $7.16M threshold significantly below federal $13.99M

Key Statutes & Legal Authority

Statute / Code	Provision
SCPA §1402	Jurisdiction of Surrogate's Court — probate and administration
SCPA §2307	Executor commissions — sliding scale based on estate value
SCPA §1404	Examination of witnesses before probate — right to contest
EPTL §4-1.1	Intestate distribution — descent and distribution in New York
EPTL §5-1.1-A	Right of election — surviving spouse's elective share
Tax Law §952	New York estate tax — ~$7.16M exemption threshold (2025)
SCPA §1301	Small estate voluntary administration — $50,000 threshold

Frequently Asked Questions

Sources & References

New York State Unified Court System — Annual Report 2023
Surrogate's Court Procedure Act (SCPA) §2307 (executor commissions)
Estates, Powers and Trusts Law (EPTL) §4-1.1 (intestate distribution)
New York Tax Law §952 (estate tax — ~$7.16M threshold)
SCPA §1301 (voluntary administration — $50,000 threshold)
TheProbateCourt.com Probate Insider Reference Series 2026
EstatelawMagazine.com — Estate Law Reference 2026

Disclaimer: TheProbateCourt.com is an independent research and publication company. We are not affiliated with Kings County Probate Court, the New York court system, any government agency, or any probate court. All information provided is for general educational purposes only and does not constitute legal, tax, financial, or professional advice. Laws change frequently — always verify current statutes and consult a licensed attorney in your jurisdiction before making any legal decisions. © 2026 TheProbateCourt.com. All rights reserved.